On The "to Seek Benefits For Others" Elements Of Crime Of Accepting Bribes

The element"to seek benefits for others"is definitely regulated by law, but there are different understandings in the theory and judicial sectors. It is a direct impact on the identification of accepting bribes. The author gives his conclusion: the element"to seek benefits for others"should be cancelled. The first part of the thesis analyzes the nature, legislative history and the status of the element of the crime of accepting bribes. The second part carries out a comparative study of the element, and the author has his conclusion: the element"to seek benefits for others"should be cancelled. Our law should conform to the mainstream of criminal legislation. The third part discusses the cancellation is take an important role in judicial practice. The fourth article describes some of accepting bribes for legislation to improve the measures, how to improve our accepting bribes elements of the general idea, as well as advice of amending the Criminal Code of China's criminal bribery provisions and the resolution of related issues.This view of the thesis is accordant with the basic principles and legal rules. The author intends to solve the arguments on this element, and makes the related rules be more reasonable. The element will take an important role in punishment of crime of accepting bribes, and the punishment of bribery with"to seek benefits for others"element should be more important than the general conduct of bribery. Meanwhile, if the people seek illegitimate benefits, they will be punished more severe than seeking legitimate benefits.